An earlier effective date of July 28, 2021, for the award of a 70 percent evaluation of posttraumatic stress disorder (PTSD) is granted.

Citation Nr: A26069986 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 250530-555187 DATE: July 30, 2026 ORDER An earlier effective date of July 28, 2021, for the award of a 70 percent evaluation of posttraumatic stress disorder (PTSD) is granted. FINDING OF FACT Since the effective date of service connection, the Veteran's PTSD has more nearly approximated occupational and social impairment with deficiencies in most areas. CONCLUSION OF LAW The criteria for an earlier effective date of July 28, 2021, for the award of a 70 percent rating for PTSD have been met. 38 U.S.C. §§ 1155, 5110; 38 C.F.R. §§ 3.400, 3.2500, 4.130, DC 9411. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1996 to March 2000. This matter is before the Board of Veterans' Appeals (Board) following his appeal of a May 2025 rating decision that was issued pursuant to a February 2025 request for higher-level review of a February 2025 rating decision. The Veteran selected the Direct Review docket on a May 2025 VA Form 10182 (Notice of Disagreement). Therefore, the Board may only consider the evidence of record at the time of the February 2025 rating decision. Earlier Effective Date for a 70 Percent PTSD Rating By way of history, a November 2023 rating decision established service connection for PTSD and assigned an initial 50 percent rating effective July 28, 2021. A February 2025 rating decision then granted an increased rating to 70 percent for PTSD, effective September 30, 2024, which is the date of the VA examination pursuant to which a VA examiner found that PTSD with deficiencies in most areas was shown. The Veteran contends that an effective date prior to September 30, 2024, for the increased 70 percent PTSD rating is warranted. Specifically, the Veteran contends that an earlier effective date of July 28, 2021, for the 70 percent rating is warranted because (1) he continuously pursued his initial claim; (2) a September 2021 VA PTSD examination was inadequate; and (3) his service-connected PTSD has been productive of occupational and social impairment with deficiencies in most areas since the filing of his initial claim and effective date of service connection. See May 2025 Notice of Disagreement and Correspondence. Following a review of the record, the Board agrees. Initially, there is no dispute that the Veteran continuously pursued his initial claim and the initial rating assigned for PTSD by the November 2021 rating decision that established service connection. See September 2024 Board Decision; February 2025 and May 2025 Rating Decisions. Thus, in order to assign an effective prior to September 30, 2024, or specifically July 28, 2021, for the 70 percent PTSD rating, the evidence must show that the criteria for a 70 percent rating for PTSD were met or more-nearly approximated during that time or as of that date. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400; see Calhoun v. McDonough, 37 Vet. App. 96 (2024). In order to do so, the evidence must show that, during the period prior to September 30, 2024, or since July 28, 2021, the Veteran's PTSD was productive of occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or work-like setting); and inability to establish and maintain effective relationships. 38 C.F.R. § 4.130, General Formula for Mental Disorders (General Formula). The relevant evidence prior to September 30, 2024, consists of a September 2021 VA examination, clinical records, and lay statements. However, the Board previously determined that the September 2021 VA PTSD examination was incomplete and inadequate. See September 2024 Board Decision. Thus, the Board will not consider that examination for purposes of this appeal. Additionally, the Board finds that the September 30, 2024, VA examination is also relevant to this appeal as it was based on the Veteran's functioning up to the date of the examination. Indeed, the examiner expressly noted that the Veteran had experienced a very difficult 2024. When considering the foregoing, the Board that the criteria for a 70 percent rating for PTSD were more nearly approximated. As noted, the September 30, 2024, VA examiner found that the Veteran's functioning leading up to and at the time of the examination was consistent with PTSD with occupational and social impairment with deficiencies in most areas. The clinical evidence during the relevant period is consistent with the September 2024 VA examiner's findings, as it shows impairment in the areas of work, relationships, mood, and thinking, as well numerous criteria for a 70 percent rating, such as suicidal ideation, depression affecting the ability to function effectively, and difficulty adapting to stressful circumstances. For example, the Veteran was noted to have moderately-severe to severe depression, passive suicidal ideations, anxiety with a "[l]ack of progress" and "difficulty coping" despite therapy, and difficulty focusing when anxious and overwhelmed. See January 2022, March 2022, June 2022, and August 2022 VA Treatment Notes. The Veteran was specifically noted to have difficulty dealing with a trauma anniversary, the death of a friend, and the death of an uncle, reporting difficulty functioning such as getting out of bed and interacting with people. See June 2022 and August 2023 VA Treatment Notes. He also reported a history of divorce due to difficulty controlling anger and strained relationships with his children. Id. The Board also finds probative the Veteran's reports that his depressive symptoms made it very difficult to work, take care of things at home, and get along with others. See, e.g., May 2023 VA Treatment Note. He also experienced chronic sleep difficulty related to nightmares, difficult thoughts, and emotions; thoughts that he would be better off dead or of hurting himself; and he was observed to be tearful, dysthymic, distracted, and fidgety during appointments. In sum, the clinical evidence prior to September 30, 2024, showed the Veteran's PTSD to affect his work, family relationships, mood, and thinking, as well as to produce symptoms of passive suicidal ideation, difficulty adapting to stressful circumstances, and anxiety and depression that affected his ability to effectively function at times. Although not all the criteria for a 70 percent rating are met for the period prior to September 30, 2024, the Board finds that they are more nearly approximated, particularly when considering the September 30, 2024, VA examination as it relates to the period prior to the exam (especially because the September 2021 VA examination was deemed inadequate). Thus, the Board finds that the evidence is at least in balance as to whether the Veteran's PTSD was productive of occupational and social impairment with deficiencies in most areas since the effective date of service connection and, as discussed above, the only adequate examination that addresses the period on appeal is consistent with a 70 percent rating. Thus, resolving doubt in favor of the Veteran, the Board finds that the criteria for a 70 percent rating for PTSD were met during the period prior to September 30, 2024, such that an effective date of July 28, 2021, for the 70 percent rating is warranted. In other words, an initial 70 percent rating for PTSD is warranted. (signature on next page) S. C. Krembs Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Fagan The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.